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MTR. OF FRANKS (PENN-URANIUM CORP.)

4 A.D.2d 39 (1957)

In the Matter of the Arbitration between A. Alfred Franks, Respondent, and Penn-Uranium Corporation et al., Appellants

Appellate Division of the Supreme Court of the State of New York, First Department.

May 21, 1957.

Attorney(s) appearing for the Case

Irwin Karp of counsel (Hays, St. John, Abramson & Heilbron, attorneys), for appellants.

Leonard G. Bisco of counsel (Newman & Bisco, attorneys), for respondent.

BREITEL, J. P., BOTEIN and RABIN, JJ., concur.

BERGAN, J.

The respondents-appellants moved at Special Term during the pendency of an arbitration proceeding and in advance of the making of an award for an order to remove and disqualify the arbitrators for misconduct.

The ground of misconduct specified in the moving papers is a suggestion made by one of the arbitrators after the proceeding was under way that both parties give consideration to increasing...

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